Download Driving under the influence of alcohol and drugs

Driving under the
influence of alcohol
and drugs
fact sheet
Ministry of Justice
December 2008
Provisions on driving under the influence of alcohol
and driving under the influence of drugs are found in
the Road Traffic Offences Act (1951:649) and apply
to drivers of motor vehicles. The provisions mean that
it is illegal to drive a car with a blood or breath alcohol level above a certain threshold, or with drugs in
the blood. Police officers can use measures such as
breath alcohol tests and eye examinations to prevent
and uncover offenders driving under the influence
of alcohol or drugs. To further increase road safety
and use the authorities’ resources more effectively to
combat driving under the influence, officers of Swedish Customs and the Swedish Coast Guard have also
had powers to intervene against these driving offences
since 1 July 2008.
Driving under the influence
of alcohol
It is not permitted for an individual to drive a car or
other motor vehicle if they have drunk enough alcohol to have an alcohol level during or after the journey of at least 20mg per 100ml of blood or 0.1mg per
litre of exhaled breath. Anyone found to have done
so will be prosecuted for driving under the influence
of alcohol. This rule is based on the fact that it is not
generally safe to drive with that level of alcohol in the
body.
An individual whose blood or breath alcohol levels
are below this threshold but who is nonetheless
under the influence of alcohol to the extent that they
cannot drive their vehicle safely will also be prosecuted for driving under the influence of alcohol. The
same applies if an individual’s alcohol level cannot be
measured for any reason.
Zero tolerance for drugs
Zero tolerance is applied to drugs and driving. It is
illegal to drive a car or other motor vehicle with drugs
in the blood. This is because drugs generally produce
effects that are not compatible with driving a car.
This kind of offence is known as driving under the
influence of drugs.
Other substances that may jeopardise road safety
In the case of other substances that are not classified as narcotics, an individual who is affected by a
substance to the extent that they cannot drive their
vehicle safely will be prosecuted for driving under
the influence. These include, for example, various
anaesthetics, painkillers, anti-epileptic drugs, various
psychopharmaceutical drugs, anti-allergy drugs and
drugs for breathing difficulties and certain cough
medications.
Exception from the zero tolerance
for drugs
An exception from the zero tolerance for drugs is
made for individuals who are using drugs in accordance with a prescription from a doctor or other
person authorised to write prescriptions. The reason
for this exception is that many people who use medications containing narcotic substances in accordance
with a prescription do so in such low doses that they
are not affected in such a way as to present a risk to
road safety. This exception covers prescriptions for
medications containing narcotic-classified substances
in a specific stated dose. It does not, therefore, cover
individuals who have obtained medications illegally
or who exceed the stated dose.
For drivers covered by this exception, the same
rules apply as for substances other than narcotics, i.e.
an individual who is affected to the extent that they
cannot drive their vehicle safely is committing the
offence of driving under the influence.
When doctors prescribe substances that can
jeopardise road safety, they must follow rules with
regard to making sure they inform the patient of how
the medication can affect ability to react and drive
a vehicle. Pharmacy staff are also obliged to provide
certain information to patients when issuing the
medication.
Penalties
The penalty for driving under the influence of
alcohol or drugs is a fine or imprisonment for a
maximum of six months. For a gross offence, the
penalty is imprisonment for up to two years. When
assessing whether an offence is gross, particular account should be taken of whether the driver had an
alcohol level of at least 100mg per 100ml of blood or
0.5mg per litre of exhaled breath, whether the driver
was otherwise heavily under the influence of alcohol
or other substances or whether the handling of the
vehicle presented a clear danger to road safety.
Possibilities for police intervention
against driving under the influence
A police officer may stop a vehicle if there is reason
to believe that a person travelling in the vehicle has
committed an offence or if there is a need to regulate
traffic or carry out checks on drivers.
Checks of driver sobriety are an important part
of efforts to combat driving under the influence of
alcohol and drugs. Checks work as a deterrent. They
also help uncover offences, thereby interrupting
them and enabling them to be prosecuted.
Breath alcohol tests
A police officer may take a breath alcohol test from
an individual whom there is reasonable cause to
suspect of driving under the influence of alcohol if
the test might be important in the investigation of
the offence. This is known as an evidentiary test, as
it can be used as evidence of the level of alcohol in
exhaled breath.
A breath alcohol test can be taken from drivers
even if there is no suspicion that they have committed an offence. This kind of routine test is known as
a screening test. Screening tests may only be taken
using instruments that can be used directly and only
show if the breath alcohol concentration exceeds a
certain level. If this is the case, an evidentiary test
can be taken.
of drugs. This means that the police do not have the
right to carry out eye examinations routinely, without prior suspicion.
Only the eyes and their functions may be examined. A police officer may use a pupillometer, which
is used to measure the size of the pupils, and a pen
or some other similar object to check for possible
twitches in the eye. The police officer may also use
a small light source, which can give an indication of
the pupils’ sensitivity to light.
Blood tests
Blood tests may be taken from an individual whom
there is reasonable cause to suspect of committing
an offence for which imprisonment is included in
the scale of penalties, e.g. driving under the influence. Blood tests may also be taken from drivers who
refuse to cooperate with breath alcohol tests (screening tests) or eye examinations. Since 1 July 2008,
blood tests may also be taken from drivers who have
been involved in a road traffic accident and cannot
undergo a screening test or eye examination because
of the accident.
Temporary confiscation
For the purposes of preventing driving under the
influence, a police officer may temporarily confiscate
keys, other items required to drive or the vehicle
itself.
Powers of officers of Swedish Customs and the Swedish Coast Guard
Since 1 July 2008, officers of Swedish Customs and
the Swedish Coast Guard have had the same powers
as police officers to stop vehicles and take breath
alcohol tests (both routine screening tests and
evidentiary tests), carry out eye examinations and
confiscate keys etc. The new rules offer an opportunity to extend checks to ports and border areas, for
example, and mean that the authorities’ resources
are used more effectively to combat driving under
the influence.
Eye examinations
A police officer may carry out an eye examination
on a driver suspected of driving under the influence
Ministry of Justice
SE-103 33 Stockholm, Sweden
Phone switchboard +46 8 405 10 00
Additional copies of the fact sheet can be ordered from the Swedish
Ministry of Justice, tel +46 8 405 10 00 or [email protected].
The Government’s website: http://www.sweden.gov.se.
The ministry of Justice´s email adress:[email protected]
Fact sheet produced by the Ministry of Justice. Printing and Graphic Reproduction Centre, Stockholm,
Sweden, December 2008. Article no. Ju 08.07e